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New laws on migrant workers and fixed term contracts

This month saw a relaxation of the rules concerning the rights of non Polish citizens to stay and work in Poland. The changes came into effect on 1 May 2014, as a result of the Act concerning migrants of 12 December 2013.

One significant change brought about by the Act is that, if an individual wishes to stay in Poland for the purpose of work, then provided they satisfy certain conditions set out in Article 114 of the Act, including having a stable and regular source of income and place of residence in Poland, they can obtain, with a single application, a joint permit covering both the right to stay and the right to work.

Furthermore, if an individual loses their job, their temporary stay permit will not be automatically withdrawn. Usually, a temporary stay permit is immediately revoked where the reason for issuing the permit no longer applies, for example when a permit is granted to enable the individual to work for a named employer and the individual loses that job . However, if the individual notifies the relevant Governor of Province about their job loss within 15 days, the temporary stay permit will not be revoked until 30 days after losing their job.

In a recent judgment, the Court of Justice of the European Union has ruled that the fixed, two week notice period which applies to contracts of employment for a specified term is inconsistent with EU law (Nierodzik v. Independent Public Psychiatric Hospital Health Care Centre in Choroszcza, 13 March 2014 (case C-38/13)). The judgment means the relevant regulations will have to be changed and amendments are expected to be made during 2014.